O.A. No. 131 of 2014. Case: R.P.O. Dilbag Singh Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberO.A. No. 131 of 2014
CounselFor Appellant: V.K. Sathyanathan, Adv. and For Respondents: Tojan J. Vathikulam, Central Govt. Counsel
JudgesS.S. Satheesachandran, J. (Member (J)) and Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A)
IssueService Law
Judgement DateDecember 04, 2015
CourtArmed Forces Tribunal

Order:

Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A), (Regional Bench, Kochi)

  1. The Original Application has been filed by R.P.O. Dilbag Singh, No. 155928H, who is presently serving in the Office of the Naval Provost Marshal, Southern Naval Command at Kochi seeking correct fixation of his salary for his rank based on his change of branch.

  2. The applicant joined the Navy as a Non Metric Recruit (NMR) entry (Steward) on 03 October 2001 in the erstwhile Group 'Z'. The applicant opted for a change of Branch from Steward to Regulating and completed his Leading Patrol Man (LPM) course on 30 June 2007. On promotion to the rank of LPM, he was placed in group 'Y' from group 'Z'. The applicant's main grievance is that post implementation of recommendations of VIth CPC, his pay in the new Branch and Group was incorrectly fixed.

  3. Sri. V.K. Sathyanathan, the learned counsel for the applicant submitted that while the applicant had joined Navy in the Steward Branch, on completion of LPM Course, his Branch was changed and his basic pay was fixed at Rs. 3,900/- being the start of pay scale for LPM. The learned counsel further submitted that the other Sailors who were qualified as LPM along with the applicant, but were already in group 'Y' were also sanctioned the same pay. Post Government approval of VIth CPC, Group 'Z' of the Navy was merged with Group 'Y' and Special Navy Instruction No. 1/8/08 (Annexure A1) was issued for implementation of VIth CPC recommendations. The learned counsel submitted that applicant and many other Sailors were not fully aware of the effect of the revision and more so about an option to be exercised to accept the new scale of pay as provided in the Navy Instruction (NI). The applicant's pay in the relevant Pay Band was fixed at Rs. 6440/- with effect from 01 January 2006 and further revised to Rs. 7550/- with effect from 31 October 2008.

  4. The applicant noticed that he was getting lesser pay than his contemporaries in Group 'Y', who were promoted to the same rank as him. He therefore took up the issue to revise his pay and allowances (Annexure A2) and since there was no response, a further detailed representation was made through his Commanding Officer to Naval Pay Office (Annexure A3). The learned counsel submitted that the response received from Naval Pay Office (Annexure A4) was that, Group 'Z' Sailors who joined service prior to 01 January 2006 and joined the Regulating Branch after 01 January 2006 would get less basic pay than their counterparts who were already in Group 'Y'. Further, there were no provisions to resolve the anomaly of difference in pay between the existing Group 'Y' and the erstwhile Group 'Z' Sailors. The learned counsel submitted that this was incorrect as post merger, all Sailors of Group 'Y' of same seniority should draw same basic pay. The letter further stated that the Sailors who were indicated as drawing more pay than the applicant had opted for VIth CPC scale from the date of their promotion and hence they were drawing more basic pay.

  5. Based on the response received from Naval Pay Office the applicant indicated his willingness and submitted an option certificate for fixation of pay from the date of promotion to...

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